Anyone made a claim...
 

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[Closed] Anyone made a claim against the council for damaging their car in a pothole?

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Just run over a huge pothole this evening. The rear suspension is definatley broken and the rear bumper has also been damaged. I'm going to take a tape measure and take photos of the size and depth of the pothole in the daylight before I report it to the council. Also going to take photos of the damage to my car. I guess the next step is to go and get a couple of quotes.
Anyone got any advice on what else I need / should fo next?


 
Posted : 31/01/2015 9:11 pm
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There's something about them having prior knowledge of it or whether it has been reported.

http://www.potholes.co.uk/claims/how_to_claim


 
Posted : 31/01/2015 9:12 pm
 iolo
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A pothole damage your bumper? How the hell would that happen?
You sure it wasn't a manhole minus it's lid?
What kind of speed were you doing?


 
Posted : 31/01/2015 9:15 pm
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They are only liable if they have failed to fix a pothole that they are aware of.


 
Posted : 31/01/2015 9:15 pm
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northernmatt - Member
There's something about them having prior knowledge of it or whether it has been reported.

http://www.potholes.co.uk/claims/how_to_claim
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This. I've trashed three alloys on two different cars, and the council deny all responsibility, saying they didn't know about it so it's not their responsibility. 🙄
A road surface that's fit for purpose is their legal responsibility, but still they wriggle out of it.
Gits.


 
Posted : 31/01/2015 9:17 pm
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I was only doing 30mph (in a 40mph). Came over the brow of a hill and bang! The rear suspension on the passenger side has gone. The wheel must of hit the bumper and broken the fixings.


 
Posted : 31/01/2015 9:21 pm
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http://www.bbc.co.uk/news/uk-scotland-scotland-politics-26124386

My understanding is the councils pass claims to an insurance company, then all the wriggling begins 🙄
Know someone who's son smashed his wheels on his car, he went to collect son and wrecked some wheels on his car!! Went back to do as OP is going to do and hole had been filled in!!


 
Posted : 31/01/2015 9:23 pm
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We claimed for a damaged wheel and tyre on a two week old car the council paied 90% of the total cost, it was about ten years ago but I think they paied out about £350, we had a photo of the hole with time and date it happened and a recipt for the new wheel and tyre.


 
Posted : 31/01/2015 9:25 pm
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Potholes.co.uk had quick look. Seems like a good source of information. So thanks for that.
Seems unlikely that the council will pay unless I push the case. I've clearly got some work to do.


 
Posted : 31/01/2015 9:26 pm
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Spray paint the phone number of the chief exec of the council near the hole in question, youll still getno compo butthey will soon fixthe hole.


 
Posted : 31/01/2015 9:27 pm
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Has the pothole already been logged and notified to council via Fillthathole

http://www.fillthathole.org.uk/hazards/map


 
Posted : 31/01/2015 9:44 pm
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Not on Fillthathole. There are numerous potholes on the same road. But the one I hit is new.


 
Posted : 31/01/2015 9:56 pm
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Guy at work did and you have to keep at them. Depends how much time you have on your hands. He eventually got a new wheel and tyre costs back that he had to pay for in the first place ( well company did) He did it out of principal rather than just to get the money out of them. Allegedly the cheque came from the company contracted to look after the roads in Hampshire , rather than the council insurance company, which I thought was odd.
I tried to claim a wheel and tyre with another council, after they closed a road and diverted traffic down a dodgy lane !! It was so narrow, that lorries had to drive up banks to avoid oncoming traffic. Mud all over the road and water. Hit a hidden pothole and bang, tyre gone and wheel buckled. Council said there was nothing wrong with the road, as it was inspected 6 months earlier 😯 and would not go any further with my claim. I should have hung on and argued a genuine case, but I didn't know that that was their first fob off and paid £600 for a tyre and wheel to repair, myself.


 
Posted : 31/01/2015 10:11 pm
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They are only liable if they have failed to fix a pothole that they are aware of.
within a "reasonable" timescale...

Check www.fixmystreet.com too.
If the hole has been fixed, but poorly, you might have a claim.


 
Posted : 31/01/2015 10:57 pm
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They are only liable if they have failed to fix a pothole that they are aware of.

This is incorrect. Provided the pothole is large and deep enough to be legally considered dangerous, which it sounds like it probably is, the council (or their maintenance contractors) will be liable if they knew [b]or ought to have known [/b]of the pothole.

All councils are required to inspect their roads periodically. How frequently depends on lots of factors but mostly how important/busy the road is. Thrustyjust's claim was probably rejected because a minor lane will only be inspected annually so an inspection 6 months ago provided a defence.

If the pothole has been reported the council know about it and if they have not repaired it within a reasonable period they are liable. How long that period is again depends on the circumstances. The council will have pre-determined response times but they don't always meet these.

If the defect has not been reported but the council have failed to inspect, or to inspect sufficiently recently, they will be liable on the basis that they ought to have known.

Notify the council once you have taken photos and measurements and request a claim form. If the council know they haven't complied with their own policies they will most likely pay up. If they think they have complied they will deny liability. If they do request a copy of their policy, confirmation of how frequently the road is meant to be inspected and a copy of the last inspection record.

Allegedly the cheque came from the company contracted to look after the roads in Hampshire , rather than the council insurance company, which I thought was odd.

This is not uncommon. Some highway authorities have outcome based contracts with their maintenance contractors. The contractors are paid to keep the roads in a safe condition and if they don't they, and not the council, pay up. In any event most councils have a very large excess on their insurance policy so for the vast majority of claims it is actually the council, rather than the insurer, who pays.


 
Posted : 31/01/2015 11:29 pm
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Thanks for all the info. I'll look into when the section of road was last inspected. The road in question always has at least one big pothole on it. So it was probably done recently. Think I may have a good case.


 
Posted : 31/01/2015 11:48 pm

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